Knowledge

OW Bunker

Source đź“ť

210:
had consumed unpaid fuel, and no money had traded hands. Both OWB's assignee, and the subcontractor which had physically delivered the bunker were pressing the ship's owners for payment. To whom, if anyone, was payment due? Payment was due to OWB by contract, but the subcontractor claimed that the
202:
The particular factors of this extraordinary case were these: OW Bunker (OWB) was an intermediary supplier of bunkers to ships. In many cases, it subcontracted this to other wholesale suppliers, obtaining fuel from them on credit. OWB did not require its customers to make immediate payment for
253:
The effect of this was that although the ships which had consumed the fuel may have paid for them, after OWB's insolvency, such ships were then liable to pay a second time to the original supplier, since property in the goods had not passed to the "buyer".
257:
The result was that hundreds of shipowners who were impacted by the bankruptcy were declared doubly liable for the fuel cost. This resulted in considerable rewriting of bunker supply contracts, in case another a similar insolvency occurred.
245:
or trans-shipped. It was noted that, despite being a bailment, the bunkers could be consumed, since bailment requires the goods to be cared for and returned, and that consuming the bunkers destroyed the goods and was thus a
390: 314: 379:
Sale of Goods Act 1979 s.2(1): "A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.".
241:
whereby the "seller" (actually, bailor) granted lawful possession to the "buyer" (actually, bailee), with the right ONLY to use the bunkers for ship propulsion. The bunkers could not be sold, mixed,
355: 172:
in less than a year. The dramatic collapse of the company led to expedited litigation in the English courts (as all the contracts had been declared to be "subject to English Law").
233:
transferring property (i.e. ownership) in the goods to the consumer. Thus, although it seemed that the ship had "bought" the bunkers from the seller, nevertheless because of the "
394: 315:
Ship & Bunker, "OW Bunker: How One of the World's Largest Marine Fuel Traders Went From IPO to Bankruptcy - Part 1, Founding to IPO". Retrieved 26 October 2015.
215:
a sale of goods, the bunkers were still their property, and they were entitled to be paid by the ship if OWB was not able to pay on the ship's behalf.
418: 218:
The legal question was: "was the agreement to supply bunkers a 'contract of sale of goods' within the meaning of s.2(1) of the
447: 188: 196: 192: 429: 407: 61: 339: 325: 165: 164:. It was the world's largest bunker supplier until its collapse on 7 November 2014. It went from 219: 283: 356:"In a Nutshell: What is the "Res Cogitans" OW Bunker UK Test Case and Why is it Important" 237:" (a retained right of title provision), the "transaction" was not a "sale" but instead a 8: 343: 275: 25: 276:"OW Bunker declares bankruptcy throwing global marine fuel supply into question" 342:
Commercial Maritime Law Conference paper: "The Res Cogitans" by Stephen Cogley
303: 234: 203:
bunker, but instead allowed the ships to pay for bunker after it was consumed.
153: 40: 157: 114: 441: 57: 51: 242: 43: 391:"UK court ruling in OW Bunker case may mean double payments for shippers" 226: 184: 169: 103: 238: 161: 120: 247: 175: 183:The case was given priority, progressing from an 439: 229:arrangement to permit to consumption of bunkers 222:(as amended)?"; to which the answer was "No!". 388: 199:in the record time of only ten months. 440: 335: 333: 13: 330: 14: 459: 389:Khasawneh, Roslan (11 May 2016). 20:law case. For the thinking man's 423: 412: 206:After the bankruptcy, the ship 401: 382: 373: 348: 319: 308: 297: 268: 1: 261: 448:Defunct companies of Denmark 7: 10: 464: 225:Instead, it was a special 156:(bunker) company based at 16:This article is about the 15: 393:. Reuters. Archived from 326:Supreme Court case report 176:OW Bunker test case: the 152:, founded in 1980, was a 137: 127: 109: 99: 91: 83: 75: 67: 49: 36: 430:Steamship Mutual report 166:initial public offering 220:Sale of Goods Act 1979 280:www.parisguardian.com 211:supply of bunker was 408:The Baltic Briefing 139:Number of employees 71:Marine Fuel Traders 33: 397:on April 22, 2018. 31: 360:Ship & Bunker 147: 146: 455: 432: 427: 421: 416: 410: 405: 399: 398: 386: 380: 377: 371: 370: 368: 367: 352: 346: 337: 328: 323: 317: 312: 306: 301: 295: 294: 292: 290: 272: 189:Commercial Court 34: 30: 26:Mental substance 463: 462: 458: 457: 456: 454: 453: 452: 438: 437: 436: 435: 428: 424: 417: 413: 406: 402: 387: 383: 378: 374: 365: 363: 362:. 24 March 2016 354: 353: 349: 338: 331: 324: 320: 313: 309: 302: 298: 288: 286: 274: 273: 269: 264: 193:Court of Appeal 181: 140: 130: 123: 117: 95:7 November 2014 54: 41:Publicly traded 29: 12: 11: 5: 461: 451: 450: 434: 433: 422: 411: 400: 381: 372: 347: 329: 318: 307: 296: 284:Paris Guardian 266: 265: 263: 260: 235:Romalpa clause 180: 174: 145: 144: 141: 138: 135: 134: 131: 128: 125: 124: 119: 113: 111: 107: 106: 101: 97: 96: 93: 89: 88: 85: 81: 80: 77: 73: 72: 69: 65: 64: 55: 50: 47: 46: 38: 18:"Res Cogitans" 9: 6: 4: 3: 2: 460: 449: 446: 445: 443: 431: 426: 420: 415: 409: 404: 396: 392: 385: 376: 361: 357: 351: 345: 341: 336: 334: 327: 322: 316: 311: 305: 300: 285: 281: 277: 271: 267: 259: 255: 251: 249: 244: 240: 236: 232: 228: 223: 221: 216: 214: 209: 204: 200: 198: 197:Supreme Court 194: 190: 186: 179: 173: 171: 167: 163: 159: 155: 151: 142: 136: 132: 126: 122: 116: 112: 108: 105: 102: 98: 94: 90: 86: 82: 78: 74: 70: 66: 63: 59: 58:Nasdaq Nordic 56: 53: 48: 45: 42: 39: 35: 32:OW Bunker A/S 27: 23: 19: 425: 414: 403: 395:the original 384: 375: 364:. Retrieved 359: 350: 321: 310: 304:Investopedia 299: 287:. Retrieved 279: 270: 256: 252: 230: 224: 217: 212: 208:Res Cogitans 207: 205: 201: 187:through the 182: 178:Res Cogitans 177: 160:in northern 149: 148: 110:Headquarters 44:aktieselskab 37:Company type 22:res cogitans 21: 17: 289:10 November 185:arbitration 158:Nørresundby 154:marine fuel 129:Area served 115:Nørresundby 419:HFW report 366:2018-04-21 262:References 170:bankruptcy 168:(IPO) to 143:622 (2013) 104:Bankruptcy 87:Ove Wrists 150:OW Bunker 133:Worldwide 52:Traded as 442:Category 248:tortious 239:bailment 191:and the 84:Founders 68:Industry 243:pledged 231:without 227:one-off 195:to the 162:Denmark 121:Denmark 92:Defunct 76:Founded 60::  24:, see 250:act. 291:2014 100:Fate 79:1980 340:UCL 213:not 444:: 358:. 344:QC 332:^ 282:. 278:. 118:, 62:OW 369:. 293:. 28:.

Index

Mental substance
Publicly traded
aktieselskab
Traded as
Nasdaq Nordic
OW
Bankruptcy
Nørresundby
Denmark
marine fuel
Nørresundby
Denmark
initial public offering
bankruptcy
arbitration
Commercial Court
Court of Appeal
Supreme Court
Sale of Goods Act 1979
one-off
Romalpa clause
bailment
pledged
tortious
"OW Bunker declares bankruptcy throwing global marine fuel supply into question"
Paris Guardian
Investopedia
Ship & Bunker, "OW Bunker: How One of the World's Largest Marine Fuel Traders Went From IPO to Bankruptcy - Part 1, Founding to IPO". Retrieved 26 October 2015.
Supreme Court case report

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.

↑